Revolutionary War Pension and Bounty Land Warrant Application File R. 3,686, John Foster, Mass.

SERVICE
Foster John
NUMBER
Mass.
R. 3686
CONTENTS

State of Maine.
LINCOLN, ss—I NATHANIEL COFFIN, Clerk of all the Judicial Courts within and for the County of Lincoln, do hereby certify that the annexed paper, signed by the Judge and attested by the Clerk, contains the original proceedings of the Court of Common Pleas, at a special session thereof holden at Bristol in said county, by the Hon. John Ruggles one of the Judges of said Court on the 27 th day of November A. D. 1832, in the matter of the application of John Foster for a Pension. In Testimony whereof I have hereunto set my hand and the seal of said Court this 27 th day of November A. D. 1832. Nath. Coffin CLERK.
day of June 1775. & served till the eighteenth day march 1776 that he joined the American army at Cambridge on the day after Bunker Hill battle, he was not in any regular battle but in several skirmishes & that he was verbally discharged at Cambridge by Capt. Rowe That the above service was in the continental army. That he was stationed at Cambridge during the above period — When I first entered the service I took the place of my brother William Foster who was wounded in the battle of Bunker Hill, after his wounds healed he took his place in the army, I then took the place of another man whose name I cannot recollect & continued to the end of the nine months, at the time he entered the service he lived in Gloucester in the State of Massachusetts, soon after I left Cambridge I removed to Bristol Maine where I lived at the close of the War & where I now live His
And to the interrogatories propounded under the instructions of the war department he answers that he was born in the town of Gloucester, Massachusetts in the year 1758, he has no record of his age except it be on the records of the town of Gloucester, lived in Gloucester when called into the service, have since lived in Bristol, & now live there, was not drafted but went as a substitute for William Foster & another as above stated, does not recollect the names of any of the officers except as above stated & our Lieutenant Mark Pool, recollect of going to what was called ploughed hill & built a Battery a British floating battery was firing on us all the time, after our battery was finished we drove the floating battery off, I do not recollect any other general circumstances & I have before stated how & when I was discharged.
The deposition of William Foster taken in the case of John Foster was accidentally destroyed by fire a new one of the same purport can be obtained if necessary.

DECLARATION.
In order to obtain the benefit of the Act of Congress of the 7th June, 1832.
STATE OF MAINE, } ss. COUNTY OF LINCOLN, } ss.
ON this 27 th day of Nov. 1832 personally appeared in open Court, before John Ruggles Esq Justice of the Court of Common Pleas now sitting, John Foster a resident of Mistal in the County of Lincoln and State of Maine, aged seventy four years who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the Act of Congress, passed June 7th, 1832. That he entered the service of the United
States under the following named officers, and served as herein stated. Viz. as a private in a company infantry commanded by Capt. John Brown & attached to a regiment commanded by Col. Briggs. That he entered the service on the eighteenth day of June 1775, & served till the eighteenth day march 1776 that he joined the American army at Cambridge on the day after Bunker Hill battle, he was not in any regular battle but in sever- al skirmishes & that he was verbally discharged at Cambridge by Capt. Rowe That the above service was in the continental army That he was stationed at Cambridge during the above period - When I first entered the service I took the place of my brother Wil- iam Foster who was wounded in the battle of Bunker Hill, after his wounds healed he took his place in the army, I then took the place of another man whose name I cannot recollect & contin- ued to the end of the nine months, at the time he entered the service he lived in Gloucester in the State of Massachusetts, soon after I left Cambridge I removed to Mistal Maine where I lived at the close of the war & where I now live
And to the interrogatories propounded under the instructions of the war department he answers that he was born in the town of Gloucester Massachusetts in the year 1758, he has no record of his age except it be on the records of the town of Gloucester, lived in Gloucester when called into the service, have since lived in Mistal, & now live there, was not drafted but went as a substitute for William Foster & another as above stated, does not recollect the names of any of the officers except as above stated & our Lieutenants, Mark Pool - recollect of going to what was called ploughed hill & built a Battery a British floating battery was firing on us all the time, after our battery was finished we drove the floating battery off, I do not rec- lect any other general circumstances & I have before stated how & when I was discharged
He hereby relinquishes every claim whatever to a pension or annuity, except the present, and he declares that his name is not on the pension roll of the agency of any State.
John Foster
Sworn to, and subscribed, the day and year aforesaid.
Before
John Ruggles
Judge of said Court.

WE, Arnold Blaney & John Sprowl residing in the town of Bristol, Me. are well acquainted with John Foster who has subscribed and sworn to the above declaration; that we believe him to be about seventy four years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Arnold Blaney John Sprowl
State of Maine.
LINCOLN, ss....Sworn and subscribed this twenty seventh day of November
A. D. 1832
Before me,
John Ruggles - J.C.C.P.
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that Arnold Blaney who has signed the preceding certificate, is resident in the s d town of Bristol and that John Sprowl who has also signed the same is a resident in the same town and a credible person and that their statement is entitled to credit. It also appears that there is no clergyman living in the vicinity of said applicant, who will, without too much inconvenience & expense, attend said court.
State of Maine.
TO ALL WHOM IT MAY CONCERN.
John Ruggles J.C.C.P. Attest Natl. Coffin Clerk
LINCOLN, ss....I NATHANIEL COFFIN, Clerk of all the Judicial Courts within and for the County of Lincoln, do hereby certify that
Esq. whose name is affixed to the above certificate, as a is legally commissioned and duly qualified to act as such, and that the name so affixed is his own proper signature, to me well known.
IN TESTIMONY whereof I have hereunto set my hand and affixed the seal of the Court of Common Pleas this 22 day of Nov
A. D. 1832
CLERK.
Natl. H. Coffin Walter L. Sargent
John Foster 22401

John Foster Lincoln County Maine
superior
Nathan Coffin Esq. Lincoln County Maine

WAR DEPARTMENT,
Pension Office.
May 18 th 183 3
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. These points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of John Foster Lincoln C. Maine
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Name and Rank of the Company officers under whom he served. Name and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     June 1775- 9 pr. Capt Rowe Col. Brigg Mt.- 74 Cambridge Gloucester Mass. additional Living Mt. exp  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c. Teamsters, Boatmen, &c. Persons who served on board of Private Armed Vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this day of personally appeared (a) before A. B. a resident (b) of in the county of and State, Territory or District of aged (c) years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) , with and served in the (e) regiment of the line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of for a pension.
In testimony whereof I have hereunto set my hand and seal of office (i) this day of &c.
If, on examination of the proper record the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the and C. D. residing in (the same) hereby certify, that we are well acquainted with , who has subscribed and sworn to the above declaration; that we believe him to be years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the day and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B.
who has signed the preceding certificate, is a clergyman, resident in the and that C. D., who has also signed the same is a resident in the and is a credible person, and that their statement is entitled to credit.
I, Clerk of the Court of do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this day of &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person

will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services. 
 6. { To a Soldier. } Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it?  { To an Officer. } Did you ever receive a commission, and if so, by whom was it signed, and what has become of it? 
 7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons -one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [j] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
He should apply to E. B. Bangs Esq. Secretary of the State of Massachusetts for evidence of service. As there is no evidence in this office that enlistments in 1775 were for so long a period as 9 months some satisfactory explanation must be given upon this point. CLk

Bristol Will me Jan 20 Inc
Jan 25 1824
Dear Sir
me
J. L. Edwards Commissioner of Pensions Washington

Bristol Mills, Maine, Jan'y 19/1841 Hon J. L. Edwards Sir
I address you at the request of Mrs Foster Widow of John Foster late of Bristol deceased. — If not incompatible with your rules will you please inform me of the situation of the claim of her late husband for a Pension for Revolutionary services under the Act of 1832 & if the rejection of it was (as she thinks) that he was a Substitute for his brother William Foster of Gloucester State of Massachusetts & who was wounded at the Battle of Bunker Hill. Mrs Foster says the late Hon Jonathan Cilly was requested some time before his death to attend to her late husband's claim & that her late husband received no notice from Mr Cilly or the War Department of the result of it — That the name of John Foster is borne upon the Massachusetts Rolls I myself know having seen it & his joining the Army in consequence of his brother being wounded would entitle him to a Pension if he served the requisite time —
Your compliance will much oblige
Your Obedient servant
Henry Chamberlain

Damariscotta Mills, Maine,
14 th July 1834
Sir
I have been requested to forward the enclosed applications for your consideration. Please notify me of your decision.
very respectfully,
your obedt Servt
Edward Havanagh
James L. Edwards Esq

1 Pastor

Commonwealth of Massachusetts.
Secretary's Office, October 14 th 1833.
2-8 I hereby Certify, That, from an examination of the Books and Documents, relating to Military Services in the War of the Revolution, which remain in this Department, it appears that the name of William Foster is borne on a Muster Roll of Capt John Row's Company in Col Eben Bridge's Regt. where he is allowed from May 29 th to the 1 st of August 1775 two months and eight days. John Foster claims for services as a substitute for W m Foster. under Capt John Row in 1775. the rolls of the said Captain's Company are not found after the first of August. 75. in this Office. —
John Foster's name is found on a list of Men, who enlisted in the Continental Army from the Town of Gloucester. no time of service or the year mentioned. The regular Books for the Continental Service are not in this office after 1781. Edward D. Bangs. Secy
This is an evidently another John Foster claimant not claiming to have served after 1775

Suspended Marine John Fortier
W. E. Kavanagh 21 July 1836
See let. to Hon. W. G. Studen June 11, 1836 " Henry Chamberlain Feb. 6, 1841,
3686

3686  f
P. O.
John Foster
Service: _____
Enlisted: _____, 18
Discharged: REJECTED _____, 18
Application filed: _____, 18
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contr
_____ Cert. of Dis. Searched for _____, 18